Information for authorities

 

Processing claims for compensation addressed to the state

According to a law on tort liability of the state  (978/2014), claims for compensation for damages addressed to the state are processed in the State Treasury when the claim is grounded on

  • An error or an omission by a state official or  
  • their actions, which the state is liable for regardless of the deliberation or negligence of the actions.

In such cases, the State Treasury also represents the state in judicial proceedings.

The law applies to both personal damages and material and property damages if the suit or claim  for compensation for damages has become pending on 1 January 2015 or after.

However, processing claims for compensation for material or property damage does not fall under the jurisdiction of the State Treasury when the claim concerns:

1) property damage caused by operations by the Finnish Defence Forces or damages resulting from military crisis management; 

2) damage caused by police operations and the Finnish Border Guard operations;

3) damage caused by seizure of property;

4) damage caused by land surveying measures or an error or an omission in registers maintained by the National Land Survey of Finland;

5) damage caused by taxation or by orders on custom duties, taxes and tolls collected by Finnish Customs; or

6) damage caused by the maintenance of traffic routes.

Claims for compensation regarding personal damages and suffering caused by the operations of said authorities are also processed by the State Treasury.

The law on the tort liability of the state does thus not apply to, for example, claims for compensation:

  • due to the outcome of said decision by the authorities (e.g., decision on expropriation)
  • for charges which have in no way been influenced by the operations of authorities (e.g., damage caused by unusual floods)
  • based on a private law contract made by the state
  • based on an employment contract with the state (e.g., claims for compensation on the grounds of  the conditions of a public-service relationship or a employment relationship or based on the law on equality)
  • based on the Act on Public Procurements.

Before settling the claim for compensations, the State Treasury will hear the authority whose domain has been claimed to be responsible for the damage. The authority can also provide their response as soon as the claim for damages is transferred to the State Treasury.

Contact information:

Customer service: 9–15.30, tel. +358 (0)295 50 3740
Postal address: State Treasury, Claims for compensation, PO Box 50, FI-00054 VALTIOKONTTORI
E-mail: kirjausasiat(at)valtiokonttori.fi (replace (at) with the @ symbol)

Published 2015-03-02 at  13:06 , updated 2015-03-02 at  9:34
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